NEXTGEN Diving Travel S.L will be in charge as organizer and will be a representative of any of the companies, airlines or shipping companies that are part of this travel contract. It is considered that the combined trip will begin on the date and place in which the services provided by the Organizer begin. Air, land or sea transportation services, as well as accommodation services before or after the cruise that are not contracted from the Organizer, will be considered separate services when acquired through the Agency.
Any price variation of the aforementioned elements may give rise to a review of the final price of the trip, both upwards and downwards, after the strict amounts of the aforementioned variations have been concluded:
After the conclusion of the contract, prices may only be modified, both upwards and downwards, as a direct consequence of changes in:
1. The price of passenger transport derived from the cost of fuel or other energy sources.
2. The level of taxes or fees on the travel services included in the contract, demanded by third parties who are not directly involved in the execution of the package trip, including tourist, landing and embarkation or disembarkation fees, taxes and surcharges in ports and airports.
3. The currency exchange rates applicable to the package trip.
Likewise, the traveler will have the right to a reduction in the price corresponding to any decrease in the aforementioned costs that occurs in the period between the conclusion of the contract and the start of the package trip. In such a case, the organizer and, where applicable, the retailer will have the right to deduct the actual administrative costs from the refund due to the traveler. If the traveler requests it, the organizer and, where applicable, the retailer must provide proof of these administrative expenses.
These modifications relating to the price of the trip will be notified to the traveler in a clear and understandable manner, with a justification for them and with their calculation on a durable medium, no later than 20 calendar days before the start of the combined trip. Said price variation will be calculated by adding/subtracting the increase/decrease in cost that has occurred to the price of the combined trip.
If the mentioned price increase exceeds eight percent of the total price of the package trip, the traveler may, within a reasonable period specified by the organizer, accept the proposed change or terminate the contract without paying a penalty.
3.3) Special offers: NEXTGEN Diving Travel S.L reserves the right to offer the same cruise at prices lower than those published, whether due to last minute offers or for any reason whatsoever. When the package trip is contracted as a result of special, last minute or equivalent offers, at a price different from that expressed in the program/brochure, the services included in the price are only those that are specified in detail in the program/offer. even when said offer makes reference to any of the programs described in this brochure, provided that said referral is made for the exclusive purposes of general information about the destination. Discounts and reductions that may be occasionally offered in promotional campaigns and/or in the brochure are subject to availability of cabins and category.
3.4) Exclusions.3.4.1) The price of the Package Trip does not include: Taxes, taxes and/or local charges to be paid by the client at the destination, such as tourist, ecological, hotel taxes, etc., visas, airport taxes and/or entry and exit taxes, vaccination certificates, drinks, meal plans special – not even in the case of full board or half board, and in general, any other service that is not expressly detailed in the program/offer, in the package travel contract.
Also not included are those additional charges that may be charged by some accommodations, directly at the destination, for additional services made available to the traveler, even if the traveler does not use them.
3.4.2) Excursions or optional visits: In the case of optional excursions or visits not originally contracted, it must be kept in mind that they are not part of the package travel contract. Its publication is for informational purposes only and the price is expressed with the indication of “estimate”. Therefore, at the time of contracting at the destination, variations in costs may occur, which alter the estimated price.
On the other hand, said excursions will be offered to the consumer with their specific conditions and definitive price independently, and the possible realization of them will not be guaranteed until the moment of contracting.
3.4.3) Tips: The price of the trip does not include, unless otherwise specified, a complementary contribution that is usually called a tip, the amount of which depends on the duration of the trip and whose sole recipient is the service staff, with respect to which At the beginning of the trip, the client is warned that he must assume the commitment to deliver at the end of the trip.
4) Payment methods, registrations and refunds.
At the time of requesting services, NEXTGEN Diving Travel S.L may require an advance payment that will not exceed 40% of the total amount of the trip unless the shipping company requires advance payment of higher amounts. Once this amount is received, total acceptance of our contract and/or cancellation conditions is understood.
The remaining amount, if applicable, must be paid in accordance with the established payment schedule, and in any case, before the delivery of the vouchers or travel documentation, which must be done sufficiently in advance of the departure date.
If payment of the total price of the trip is not made under the conditions indicated, it will be understood that the consumer withdraws from the requested trip, the conditions provided for in the following section being applicable.
The acceptance of reservations by the Organizer will be subject to the availability of places, and is understood to be completed, with the consequent conclusion of the contract, at the time of confirmation by the Organizer.
All refunds that are applicable for any reason will always be formalized through NEXTGEN Diving Travel S.L, and no refunds will be made for services not voluntarily used by the consumer.
Insurance premiums and management costs for modifying or transferring reservations, if applicable, are non-refundable.
5) Consumer withdrawal, assignments and cancellation of the trip due to not reaching the minimum number of people.
5.1) At any time prior to the start of the combined trip, the traveler may terminate the contract, in which case they must compensate NEXTGEN Diving Travel S.L with the penalties indicated below:
a) In the case of individual services: the entire management costs, plus cancellation costs, if the latter had occurred.
b) In the case of diving cruises, the management fees plus cancellation fees (the cruises offered are subject to special contracting conditions so the cancellation fees established by the different companies and shipping companies will apply) and a penalty consisting of 5% of the total trip if the withdrawal occurs more than ten days and less than fifteen days before the start date of the trip; 15% between days 3 and 10, and 25% within forty-eight hours prior to departure.
If you do not show up at the scheduled departure time, you will not be entitled to any refund of the amount paid.
Notwithstanding the provisions of the previous paragraph, when unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the combined trip or the transportation of passengers to the destination, the traveler will have the right to terminate the contract before its start without paying any penalty. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation.
5.2) The traveler may assign the package travel contract to a person who meets all the conditions applicable to said contract by previously notifying NEXTGEN Diving Travel S.L. on durable support, with a reasonable advance notice of at least seven calendar days before the start of the trip. combined. The transferor and the transferee will be jointly and severally liable for NEXTGEN Diving Travel S.L for the amount pending payment of the trip price, as well as any commission or surcharge and additional expenses of the transfer.
NEXTGEN Diving Travel S.L will inform the transferor about the effective costs of the transfer. Such costs must be reasonable and, in any case, they will not exceed the costs actually borne by NEXTGEN Diving Travel S.L due to the transfer.
5.3) In the event that the combined trip is subject to special economic contracting conditions, such as chartering of planes, ships or special rates, the cancellation costs will be established in accordance with the conditions agreed between the parties. Changes in the schedule of special (charter) flights, which may occur up to 48 hours before their departure date, will not be considered sufficient reason for the client to cancel the trip. It will be the client's responsibility to reconfirm the schedules of special flights 48 hours before the flight date. If the approach flights to the cities of origin of these special flights have not been reserved with NEXTGEN Diving Travel S.L, it will not be responsible for the expenses that their modification or cancellation may cause due to changes in the operations of said special flights.
5.4) NEXTGEN Diving Travel S.L may cancel the contract and refund the traveler all of the payments he has made, but will not be responsible for any additional compensation if he is unable to execute the contract due to unavoidable and extraordinary circumstances and is notified. cancellation to the traveler without undue delay before the start of the package trip, or if the number of people registered for the package trip is less than the minimum number specified in the contract and the organizer or retailer notifies the traveler of the cancellation within the following deadlines :
1. Twenty calendar days before the start of the combined trip in the case of trips lasting more than six days.
2. Seven calendar days before the start of the combined trip in the case of trips between two and six days in duration.
3. Forty-eight hours before the start of the combined trip in the case of trips lasting less than two days.
6) Alterations.
NEXTGEN Diving Travel S.L undertakes to provide its clients with all the contracted services, with the stipulated conditions and characteristics, all in accordance with the following:
1. Outside of the cases of price modification regulated by stipulation 3.2, the organizer reserves the right to unilaterally modify any other clauses of this contract as long as the change is not substantial and the traveler is informed of said modification by the organizer itself. or the retailer in a clear, understandable and prominent way on a durable medium.
2. If before the start of the combined trip NEXTGEN Diving Travel S.L is forced to substantially modify any of the main characteristics of the travel services, cannot comply with any of the traveler's special requirements previously accepted or proposes to increase the price of the trip by more than eight percent in accordance with stipulation 3, the traveler may, within a reasonable period specified by the organizer, accept the proposed change or terminate the contract without paying penalty.
NEXTGEN Diving Travel S.L is always recognized as having the right to replace the boat planned for the trip with another with similar characteristics, if necessary for technical operational reasons or for any other reasonable cause.
1. The traveler who terminates the package travel contract may accept a substitute package trip offered by NEXTGEN Diving Travel S.L or, where applicable, the shipping company, if possible of equivalent or higher quality.
2. NEXTGEN Diving Travel S.L or, where applicable, the shipping company must communicate said modification without delay to the traveler, in a clear, understandable and prominent manner and on a durable medium along with:
· Its impact on the price of the package trip when the modification results in a package trip of lower quality or cost.
· A reasonable period within which the traveler must inform of his or her decision.
· The indication that in the event that the traveler does not notify his decision within the period indicated in the previous paragraph, it will be understood that he chooses to terminate the contract without any penalty.
· If applicable, the substitute package trip offered and its price.
3. In the event of termination by the traveler of the package travel contract before its start without payment of a penalty pursuant to what is indicated in letter b), or non-acceptance by the traveler of a substitute package trip, NEXTGEN Diving Travel S.L. will reimburse without undue delay all payments made by the traveler or by a third party on their behalf and, in any case, within a period not exceeding fourteen calendar days from the date of termination of the contract. The provisions of stipulation 9 will also apply.
4. The Captain of the boat, as a representative of NEXTGEN Diving Travel S.L, has the power to modify the cruise route due to force majeure, or due to the safety of the boat or navigation, and may carry out assistance and rescue of other ships and/or third parties and/or passengers. The exercise of these powers does not imply modification of the trip, for the purposes of this condition.
5. In no case, anything not included in the package travel contract (such as, for example, transportation tickets from the passenger's place of origin to the place of departure of the trip, or vice versa, hotel reservations on previous days or after the trip, etc.) will be the responsibility of NEXTGEN Diving Travel S.L, there being no obligation to compensate for these possible expenses of independent services in the event that the trip is canceled due to any of the causes of exclusion of compensation for damages provided for in stipulation 9.
6. NEXTGEN Diving Travel S.L has the power to assign the passenger a cabin/room other than the one provided for in the contract, as long as it has similar characteristics. If a change to a lower priced accommodation type occurs, passengers affected by such change will only be entitled to a refund of the price difference, according to the applicable rates. In the case of Hotel Establishments and Ships, and in the absence of official classification recognized by the competent Public Authorities, said classification will be established by NEXTGEN Diving Travel S.L, based on reasonable criteria for evaluating quality standards.
7) Obligation of the consumer to report any non-compliance in the execution of the contract.
7.1 The traveler must inform the organizer or, where appropriate, the retailer without undue delay, taking into account the circumstances of each case, of any lack of conformity observed during the execution of a travel service included in the contract.
8) Prescription of actions.
However, as provided in the preceding section, the limitation period for actions derived from the rights recognized in Royal Legislative Decree 1/2007, of November 16 (B.O.E. 30-11-07) and its modifications, will be two years. , as established in Article 169 of the aforementioned Royal Decree.
9) Responsibility.
9.1) General.
NEXTGEN Diving Travel S.L and the collaborating companies will be jointly and severally liable to the traveler for the correct fulfillment of the travel services included in the contract, regardless of whether these services must be executed by themselves or other providers, and regardless of the right of repetition. against the operator to whom the non-compliance or defective performance is attributable, or against third parties who have contributed to the occurrence of the event that gave rise to the compensation, price reduction or other obligations.
The Organizer states that it assumes the functions of organizing and executing the trip. At the time of the first payment on account for the contracted trip, the traveler will be provided with information and a guarantee certificate required by the legal regulations for package travel. The traveler will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity, unless the organizer or the retailer demonstrates that the lack of conformity is attributable to the traveler.
The traveler will have the right to receive appropriate compensation from the organizer or, where applicable, the retailer for any damage or loss suffered as a result of any lack of conformity. Compensation will be paid without undue delay. The traveler will not be entitled to compensation for damages if the organizer or, where applicable, the retailer demonstrates that the lack of conformity is: Attributable to the traveler; Attributable to a third party unrelated to the provision of the contracted services and unpredictable or inevitable; or, Due to unavoidable and extraordinary circumstances.
9.2) Communication and obligation to provide assistance.
The traveler may send messages, requests or complaints in relation to the execution of the package trip directly to the retailer through which it was purchased, and the organizer and the retailer must provide adequate assistance without undue delay to the traveler in difficulty, in particular in case of unavoidable and extraordinary circumstances, in particular through:
The provision of adequate information on health services, local authorities and consular assistance; and Assistance to the traveler to establish remote communications and help to find alternative travel arrangements. NEXTGEN Diving Travel S.L and, where appropriate, the retailer may invoice a reasonable surcharge for such assistance if the difficulty has been caused intentionally or due to the traveler's negligence. Under no circumstances will this surcharge exceed the actual costs incurred by the organizer or retailer.
9.3) Limits of compensation for damages.
Regarding the limit of the scope and/or conditions of payment of compensation by the providers of travel services included in the package trip, the provisions of the international conventions that bind the European Union will apply, in particular the Convention of Athens of December 13, 1974, modified by the London Protocol of November 19, 1976, when applicable, or the Brussels Convention of April 23, 1970 and other legal provisions in force.
10) Delimitation of the combined travel services.
10.1) Air travel.
Presentation at the airport: When traveling by plane, it is recommended that the presentation at the airport be made at least two hours in advance (a period that may vary depending on the specific circumstances and country of destination) before the official departure time. departure, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract will be strictly followed.
When contracting individual services, it is recommended that the client reconfirm the flight departure times forty-eight hours in advance.
10.2) Hotels
10.2.1) General
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of your country.
Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing a third bed or folding bed to be enabled in some of the latter, it will always be deemed that the use of the third bed or folding bed is done with the knowledge and consent of the people occupying the room. This tacit estimate derives from the certain circumstance of having been previously warned, as well as the room being reflected as triple, or with another name and occupancy for three people, in all the reservation forms provided to the consumer when paying the advance payment, in the contract and the tickets and/or travel documentation that is delivered simultaneously with the signing of the contract. Likewise, in the cases of double rooms for use by up to four people, with four beds, when specified in the program offer/brochure.
The usual check-in and check-out times at hotels depend on the first and last service that the user is going to use.
As a general rule, the rooms may be used from 3 p.m. on the day of arrival and must be vacated before 12 p.m. on the day of departure, although this schedule may vary significantly depending on the internal policy of each establishment.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user anticipates his arrival at the hotel or apartment reserved on dates or times other than those mentioned, it is necessary, to avoid problems and misinterpretations, to communicate as soon as possible. possible anticipation of such circumstance to the Organizing Agency, to the hotel or to the apartments directly, as the case may be. Likewise, you must consult the Agency, at the time of making the reservation, about the possibility of bringing animals, as they are generally not admitted in hotels and apartments.
In the event that the admission of animals has been confirmed and you intend to travel with them, this circumstance must be stated in the contract. The hotel accommodation service will imply that the room is available on the corresponding night, understood to be provided regardless of whether, due to circumstances inherent to the package trip, the check-in time occurs later than initially planned.
10.2.2) Other Services.
On flights whose arrival at the destination takes place after 12:00, the first hotel service, when included in the program/brochure offer, will be dinner. Likewise, on flights whose arrival at the destination takes place after 7:00 p.m., the hotel's first service will be accommodation.
A direct air journey will always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop. 10.2.3) Supplementary Services When users request supplementary services (for example, sea view room, etc.) that cannot be definitively confirmed by NEXTGEN Diving Travel S.L, the user may choose to definitively withdraw from the requested supplementary service or maintain your request while waiting for such services to finally be provided to you.
In the event that the parties have agreed to the prior payment of the price of the supplementary services that ultimately cannot be provided, the amount paid will be refunded by the Retail Agency immediately upon withdrawal of the service by the consumer or upon return from the trip. , depending on whether the user has opted to withdraw from the provision of the requested supplementary service or has maintained the request.
10.3) Apartments.
When making the reservation, the client is fully and exclusively responsible for making the correct declaration of the number of people who will occupy the apartment, without omitting children, regardless of their age. Please note that the apartment management may legally refuse to admit the entry of undeclared persons, and there will be no grounds for any claim for this reason.
In some cases there is the possibility of enabling extra bed(s) or cribs, which must be requested by the clients before the contract is concluded, and which, unless expressly stated otherwise, will not be included in the published price of the apartment.
10.4) Special economic conditions for children.
Given the diversity of the treatment applicable to children, depending on their age, the service provider and the date of travel, it is recommended to always consult the scope of the special conditions that exist and which will be the subject of specific and detailed information at all times. and will be included in the contract or in the travel documentation delivered at the time of signing.
In general, regarding accommodation, they will be applicable as long as the child shares the room with two adults.
10.5) Guarantee deposit or bond requested for certain services.
Certain service providers, such as hotels, apartments, companies. vehicle rental companies... may request the traveler, before the service is provided and at the destination, to provide a guarantee in anticipation of the possible consumption of extras or possible damages.
11) Passports, visas and documentation.
All travelers, without exception (including minors), must carry their corresponding personal documentation and that of duly authorized minors in order, according to the laws of the country or countries being visited. The traveler undertakes to provide the agency in writing, and before booking the trip, with information regarding all personal circumstances that may affect this regard, in order to provide the corresponding general information.
It will be at the expense of the traveler, when the trips require it to obtain visas, passports, vaccination certificates, etc. In the event that the granting of visas is rejected by any Authority, for reasons particular to the user, or entry into the country is denied due to lack of the required requirements, or due to a defect in the required documentation, or for not being a bearer of Likewise, the Organizing Agency declines all responsibility for events of this nature, and any expenses incurred will be the responsibility of the consumer, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services.
Minors under 18 years of age must carry written permission signed by their parents or guardians, in anticipation that it may be requested by any authority. In addition, passengers must comply with the required standards of prudence and diligence, the provisions indicated by the Organizer, and the administrative and legal standards and provisions related to the trip; responding to the Organizer for damages and losses resulting from non-compliance, and those caused to the boat, its facilities, furniture, fixtures, etc. Likewise, the passenger will be responsible for any damages caused to other passengers or third parties.
Passengers are prohibited from bringing on board merchandise, animals, weapons, ammunition, explosives, flammable materials, toxic or dangerous substances and, in general, anything that could alter the safety of the ship or its passengers. In any case, the passenger is obliged to adopt appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or poor execution of the contract, or to prevent them from worsening. Any damages resulting from not having adopted these measures will be borne by the passenger.
For any specific information in this regard, it is recommended to consult the Travel Recommendations service of the Ministry of Foreign Affairs, through the website http://www.mae.es; or for citizens of other states, they should consult their embassy/consulate. As well as, regarding health issues on the website https://www.mscbs.gob.es.
12) Powers of the captain.
In accordance with legal provisions and International Treaties, the Captain has full powers to assist and tow other ships; deviate from the planned route; make stops at any port; transfer passengers and luggage to another ship; reject boarding of anyone who, in its opinion, does not meet the necessary health conditions to take the cruise; disembark during the cruise anyone who, in its opinion, is in a health condition that does not allow the continuation of the cruise, or, in general, anyone who may represent a danger to the safety of the ship or that of the passengers; All passengers will submit to the authority of the Captain, and especially in everything related to the safety of the ship or navigation.
13) Sure.
The traveler is informed that there is the possibility of subscribing to optional insurance that covers the expenses incurred in the event that the traveler decides to end the contrast or assistance expenses, including those of repatriation in the event of an accident, illness or death.
14) Luggage.
For all purposes and as far as land transport is concerned, it will be understood that the user's luggage and other personal belongings are kept with him, regardless of the part of the vehicle in which they are placed, and that they are transported at the user's expense and risk. . Users are recommended to be present during all loading and unloading of luggage. Regarding air, rail, sea or river transport of luggage, the conditions of the transport companies apply, with the ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the client must immediately present the appropriate claim to the Transport Company. The Organizer undertakes to provide timely assistance to clients who may be affected by any of these circumstances.
15) Promotional images.
The photographs and promotional images reproduced on our website are intended solely to provide greater information to Customers. In the event that any type of modification occurs in the establishments or boats, after their publication, this cannot be considered misleading advertising by NEXTGEN Diving Travel S.L.
16) Connecting flights.
When there is no connection from the client's city of origin to the city of departure of the international flight, and as a consequence, overnight stay expenses arise, these will be borne by the client. NEXTGEN Diving Travel S.L is not responsible for any incidents arising from connecting flights purchased by the client outside of the contracted package trip.
17) Documentation.
In group trips, for reasons of organization and security, in some cases the guide will be the bearer of the documentation proving the accommodation reservations, air tickets and other services to be provided. For individual trips, said documentation will be delivered to the client before the departure date.
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